Whether Dismissal Of Writ On Ground Of Delay Can Come In Way For Party To File Another Plea Involving Similar Contention? Supreme Court Agrees To Examine

The Supreme Court recently agreed to consider whether dismissal of writ on the ground of delay can come in way for a party to file another plea involving similar contention. The bench of Justices AM Khanwilkar and CT Ravikumar while issuing notice in SLP assailing Kerala High Court's order said, "The fact that decision in the petitioner's earlier petition had attained finality, will...

Bombay High Court Weekly Round-Up: January 10 To January 16, 2022

1. Face Heavy Cost Or Longer Court Dates For Getting Non- Urgent Matters Listed – Bombay High Court Tells LawyersCitation: 2022 LiveLaw (Bom) 5The Bombay High Court has cautioned lawyers against getting non-urgent matters listed and decided to impose high costs or adjourn matters for a long time if non-urgent cases are pushed for a hearing. As per its SOP from January 10, 2022,...

No IPC Provision For Vicarious Liability On Company Directors, Cannot Implicate Them Without Specific Averments: Kerala High Court

The Kerala High Court on Thursday ruled that Directors of a company cannot be implicated without specific averments indicating their role in the offence, particular because no provision in the Indian Penal Code provides for vicarious liability upon them.While adjudicating upon a batch of applications filed by Directors of the India Today TV news channel, Justice Ziyad Rahman A. A held that it...

Supreme Court Weekly Roundup: January 10 To January 16, 2022

JUDGMENTS THIS WEEK1. Right Of Preemption A Maligned, Feudal, Archaic And Outmoded Law, Reiterates Supreme CourtCase name: Punyadeo Sharma vs Kamla DeviCitation: 2022 LIVELAW (SC) 23The Supreme Court observed that the right of pre-emption is a maligned law and are characterised as 'feudal, archaic and outmoded'.In this case, the appellants are purchasers of the land in question vide sale...

Madras High Court Weekly Round-Up: January 10, 2022 To January 16, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.1. SpiceJet Vs Credit Suisse AG- Madras High Court Dismisses Appeal Against Airline's Admission Of Winding Up Case Title: SpiceJet Limited v. Credit Suisse AG Citation: 2022 LiveLaw (Mad) 11 Madras High Court has dismissed the appeal preferred by SpiceJet against a single-judge bench order...

Fixed Deposits Or Electronic Transfers A Bail Condition Likely To Improve Possibility Of Accused's Attendance: Punjab And Haryana High Court

The likelihood of an accused to attend the Court will increase if the accused knows that their money is safe and accruing interest and thus, fixed deposits or electronic transfer or creating lien over the bank, instead of cash or sureties as conditions for bail are better mediums to ensure that the accused does not flout Court's Order. A single judge bench of Punjab and Haryana...

Delhi Court Denies Bail To Aumkareshwar Thakur, Accused Of Creating 'Sulli Deals' App On GitHub

A Delhi Court has denied bail to to Aumkareshwar Thakur, who is accused of creating the 'Sulli Deals' app on Github. Metropolitan Magistrate Vasundhra Chhaunkar said "misuse of technology and the impact of the alleged acts on the larger section of society cannot be reduced to negligible when being compared to the other offences with harsher punishment."Thakur was reportedly arrested by...

Calcutta High Court Weekly Round-Up: January 10 To January 16, 2022

Judgments/Orders of the Week 1. Gangasagar Mela Monitoring Panel Reconstituted, Negative RTPCR Report Made Mandatory: Calcutta HC Modifies Event ConditionsCase Title: Dr. Avinandan Mondal v. State of West Bengal & OrsCitation: 2022 LiveLaw (Cal) 1The Calcutta High Court modified certain conditions imposed earlier while allowing the State Government to hold this year's Gangasagar Mela...

Allahabad High Court Weekly Round Up: January 10 To January 16, 2022

Judgments/Orders of the Week1. S. 482 CrPC Plea Maintainable To Quash Proceedings Which Are Ex Facie Bad For Want Of Sanction: Allahabad High CourtCase title - Mahendra Pal Singh Lekhpal And Another v. State of U.P. and AnotherCase Citaiton: 2022 LiveLaw (AB) 9The High Court observed that an application under Section 482 CrPC is maintainable to quash the proceedings, which are ex facie bad...

Non-Reporting Of 'POCSO Case': "Sometimes Such Matters Aren't Reported To Save Girl's Reputation": Rajasthan HC Suspends Sentence Of Faculty, Hostel Warden

The Rajasthan High Court on Wednesday suspended the sentence awarded to a Faculty Member in the college and the Hostel Warden booked under Section 21 of the POCSO Act (among other offences) for their alleged failure to report a 'POCSO Case' of the hostel involving a scheduled caste minor girl, as it noted thus:"Incidents are not uncommon where after deliberations, it is decided in a...

Karnataka High Court Weekly Roundup: January 10 to January 15, 2022

Judgments1: Karnataka High Court Upholds GST & Central Excise Duty On Tobacco; Says 'Articles 246 & 246A Can Be Simultaneously Exercised' Case Title: M/s.V.S.Products v. Union of India Citation: 2022 LiveLaw (Kar) 7 The Karnataka High Court upheld the notification dated July 6, 2019 issued by the Union of India by which Central Excise Duty has been levied on tobacco and...

Deliberate And Wilful Non-Compliance Of Undertaking Is Contempt Under Contempt Of Courts Act: Rajasthan High Court

A single bench of Rajasthan High Court, Jaipur Bench observed that breach of written undertaking given to the Court is contempt and is liable to be punished under the Contempt Courts Act, 1971. Justice Sudesh Bansal, ruled, "As per Definition of civil contempt, described in Section 2 (b) of the Contempt of Court Act 1971, the civil contempt means willful disobedience of...